Search: Complementarity SAIF GADDAFI
19 Jan Guest Post: Meloni–Can the ICC investigate UK higher echelons’ command responsibility for torture committed by the armed forces against Iraqi detainees?
...account the new elements which have emerged in the last eight years, will reconsider the issue under a different light. For sure one major difficulty can be anticipated with regard to the complementarity principle: the circumstance that several military proceedings, and even some criminal investigations, have been taken place in the UK over the last years (see for instance the Baha Mousa Inqury) may be used as an argument to conclude that the UK has a functioning domestic legal and judicial system and therefore no intervention of the ICC is...10 Jul Lubanga Sentenced to Fourteen Years
...against humanity, including murder — I cite his case in a recent article as a primary example of why the ICC’s “same conduct” test for complementarity is counterproductive. The traditional defense of Moreno-Ocampo’s decision was that the conscription and enlistment charges were relatively easy to prove, making it likely that the trial would result in a quick and unproblematic conviction. As regular readers know, reality proved to be far messier (see, for example, here and here). I wonder whether Moreno-Ocampo is regretting his decision not to pursue more serious charges…...02 Jun The Pre-Trial Chamber Agrees with Dapo and Jens Regarding Surrender
Milan I have not been following this matter particularly closely and at the risk of seeming overly cynical: If the PTC had held that Saif must be surrendered to the ICC pending the admissibility challenge, Libya likely would not have complied. Even worse, the Security Council probably would not have condemned Libya for its non-compliance. Given that courts - especially fledgling courts that are concerned about appearing ineffectual - generally avoid issuing decisions with which parties will not comply, the PTC's ultimate decision was not surprising. The admissibility challenge by...05 Sep Mauritania Extradites Al-Senussi to Libya
to be followed after the admissibility challenge, the PTC decided to confine the challenge to Saif. Now that Al-Senussi is in the custody of Libyan authorities, it seems as if Libya must submit a new challenge to the case against Al-Senussi. Is there any possibility for Libya to now challenge this to have the admissibility challenge count for both accused?. I would think that it is too late for Libya to appeal the decision confining the case to Gaddafi (rendered on 4 May). What are your thoughts on this issue?...20 Nov Decision Time for Libya and the ICC
...Is the source of the obligation a procedural rule in the ICC RPE? Or is it simply because of the binding nature of the SC-imposed obligation of cooperation? Or is it Rome Statute Article 19(9)? I have just blogged about the possibility of "positive complementarity" in this situation, though I may need to write another post just on this interplay between custody of the accused and challenging the court's jurisdiction. Mark Kersten Jens, I'm interested in this question as well and wouldn't mind seeing some clarity on the subject. I...04 Aug Guest Post: Effective Control and Accepting ICC Jurisdiction
...nationals are currently engaged in Gaza conflict as members of IDF. 2) a warning from ICC States Parties to its nationals who hold dual Israeli nationality to not actively participate in the Gaza hostilities given the risk of potential investigations. Apart from ICC, the ICC States Parties are also obliged to investigate participation of its nationals as members of IDF. This presents potential fulfilment of the Rome Statute complementarity obligation. Mihai Martoiu Ticu The OTP wrote "the applicants neither exercised the requisite authority, nor were they in possession of 'full...13 Sep The Uncertain Foundations of Human Rights
...truth (the two usually of a piece): We could, with Hilary Putnam, consider an analogical lesson from the Copenhagen School in physics, specifically, Neils Bohr’s Copenhagen Interpretation, which enables us to appreciate the concept and possibility of complementarity, for "even 'the empirical world,' the would of our experience, cannot be adequately or completely described with just one picture, according to Bohr. Instead, we have to make a 'complementary' use of different classical pictures—wave pictures in some experimental situations, particle pictures in others—and give up the idea of a single picturable...22 Feb Uganda and LRA Agree to Domestic War Crimes Court
Will J, The Hague Julian, The government of Uganda has been clear that they are aware that the ICC has to make this decision. I can't find any links right now, but this was stated very clearly by their ambassador here in The Hague earlier this week. Tobias Thienel I would have thought Uganda's move is not directed at removing the ICC's jurisdiction by rescinding the referral, but by reference to the complementarity of ICC jurisdiction. Now that Uganda is apparently willing and able to genuinely prosecute, the argument seems...11 Aug Emerging Voices: Freedom or Restraint? On the Comparison Between the European and Inter-American Human Rights Courts
...were not susceptible to national appreciation but, still, the Court does not give much deference to the decision of national authorities in the case. Now, I read the reference to complementarity and subsidiarity (in the Supervision of Compliance decision and elsewhere) as a reference to the first part of the control of conventionality doctrine and the one more cleary established in human rights treaties - that is, the obligation of national authorities to ensure that domestic law and judicial decisions are compatible with international human rights obligations as a way...12 May Weekend Roundup: May 5-11, 2012
...from the Saif case and posted about a new law passed by Libya’s National Transitional Council (NTC) granting blanket amnesty to pro-revolution rebels. The (aspiring) Law Professors or Law PhDs/JSDs amongst our readers will undoubtedly be interested in Kevin’s post on Doctors, Professors and (North) American exceptionalism. The ongoing tensions around the Scarborough Shoal in the South China Sea were often featured in this week’s news wraps. Julian Ku analysed what the US’ reaffirmation of its 1951 Mutual Defense Treaty with the Philippines entails. He argued that the treaty’s obligations...